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NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
NOTICE OF DEPOSITION
March 7,2022 22:33
Confirmation Nbr. 2491394
ASSUNTA ROSSI PERSONALTY REVOCABLE CV 21 944483
LIVING ET AL
vs.
Judge: MAUREEN CLANCY
D.J. KEEHANETAL
Pages Filed: 5
Electronically Filed 03/07/2022 22:33 / NOTICE / CV 21 944483 / Confirmation Nbr. 2491394 / CLJSZ
IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
ASSUNTA ROSSI PERSONALTY :
REVOCABLE LIVING TRUST, et al :
: CASE NO.: CV 21944483
Plaintiffs
: JUDGE MAUREEN CLANCY
Vs :
D.J.KEEHAN, Individually and as
dba Westlake Shadow Creek, LLC, et al :
Defendants
NOTICE FOR DEPOSITION DUCES TECUM DIRECTED TO NEW
PARTY DEFENDANTS: ONLINE COMMUNICATIONS, SIGNATURE
BUILDING CONCEPTS, AND GH HOLDINGS PURSUANT TO RULE 30
(B)(5) OF THE OHIO RULES OF CIVIL PROCEDURE AND DUCES
TECUM PURSUANT TO RULE 34.
Counsel for Defendants and New Party Defendants shall take notice that the
Plaintiffs will take the following depositions, pursuant to Rule 30(B)(5) of the
Ohio Rules of Civil Procedure on Friday April 8, 2022 at the offices of Cady
Reporting, located at 1468 West 9th Street. #440, Cleveland, Ohio 44113. Said
depositions will be taken both by stenographic and video means before a Notary
Public duly authorized by law to administer oaths, and continuing day to day until
completed, at which time and place you are invited to appear and take such part as
shall be fitting and proper.
The Corporations to be deposed are as follows:
1. Online Communications, LLC at 9:30 am;
2. Signature Building Concepts, LLC at 11:00 am; and
3. GH Holdings, LLC at 12:30 pm.
Electronically Filed 03/07/2022 22:33 / NOTICE / CV 21 944483 / Confirmation Nbr. 2491394 / CLJSZ
Rule 30(B)(5) permits said depositions as follows:
(5) A party, in the party’s notice, may name as the deponent a public
or private corporation, a partnership, or an association and designate
with reasonable particularity the matters on which examination is
requested. The organization so named shall choose one or more of its
proper employees, officers, agents, or other persons duly authorized to
testify on its behalf. The persons so designated shall testify as to
matters known or available to the organization.
Pursuant to the Rule, the above-listed corporate New Party Defendants shall
designate one or more of its employees or designees duly authorized to testify on
its behalf to respond to the following areas of inquiry The persons so designated
shall be the most knowledgeable within the Corporation who can testify as to
matters known or available to the organization.
The areas of inquiry as to each corporate deponent all involve or relate
directly and/or indirectly to Unit 35 and/or 30033 Shadow Creek Drive, Westlake,
Ohio.
1. Please designate and produce the person, most knowledgeable in, or who can
best answer questions about information available to the company concerning
its incorporation, ownership, and financial records to include all paper and
electronic records, including Articles of Organization/Incorporation, from its
inception to the present, and all persons who have possession of, and/or
access to, those records. This would include copies of all bank statements
for accounts used either directly or indirectly for construction of Unit 35, to
include any bank accounts that show any payments on behalf of WSC for
work performed, services provided, and/or materials purchased for the
completion of Unit 35.
2. Please designate and produce the person, most knowledgeable in, or who can
best answer questions about information available to the company concerning
the legal and/or organizational connection between itself and Westlake
Shadow Creek, LLC and D.J. Keehan.
3. Please designate and produce the person, most knowledgeable in, or who can
best answer questions about, information available to the company and
contained in the invoices and/or cancelled checks of each company to include
Quickbook entries relative to the construction of the subject property.
Electronically Filed 03/07/2022 22:33 / NOTICE / CV 21 944483 / Confirmation Nbr. 2491394 / CLJSZ
4. Please designate and produce the person, most knowledgeable in, or who can
best answer questions about information available to the company concerning
details of construction loans obtained, utilized, and/or denied, for the project
made subject of the complaint and payments made to said lenders at any
time, including the construction loan obtained from RLR investments, and all
repayments concerning said loan.
5. Please designate and produce the person, most knowledgeable in, or who can
best answer questions about information available to the company concerning
details of construction loans obtained, utilized, and/or denied, for the project
made subject of the complaint and payments made to said lenders at any
time.
6. Please designate and produce the person, most knowledgeable in, or who can
best answer questions about information available to the company concerning
any and all draws on the RLR loan and any re-payments made thereon. This
would include dates of the loan, term of the loan, dates of every draw on said
loan, and each re-payment on said loan.
7. Please designate and produce the person, most knowledgeable in, or who can
best answer questions about information available to the company who can
discuss the ownership interest and control of each respective Corporation
listed as a New Party Defendant herein, including, but not limited to, its day
to day operations, including, but not limited to, tax records, compliance, and
payments made to all subcontractors or laborers, and the accounts from
which said payments were made.
8. Please designate and produce the person, most knowledgeable in, or who can
best answer questions about, hiring of, and contact with, any and all laborers
and sub-contractors utilized and/or consulted in the construction of Unit 35
that is now 30033 Shadow Creek Drive.
9. Please designate and produce the person most knowledgeable concerning the
tax forms and/or status of laborers, employees, subcontractors, and/or
independent contractors as it specifically relates to whether each received a
W-2 or a 1099 for IRS purposes.
10. Please designate and produce the person, most knowledgeable in, or who can
best answer questions about the entity to whom laborers and subcontractors
would submit their invoices or bills, the entity who paid all of said bills or
Electronically Filed 03/07/2022 22:33 / NOTICE / CV 21 944483 / Confirmation Nbr. 2491394 / CLJSZ
invoices, the financial accounts from which all of these transactions were
undertaken, bank and tax records of WSC
11. Please designate and produce the person, most knowledgeable in, or who can
best answer questions about the purchase of all materials utilized in the
construction of Unit 35.
12. Please designate and produce the person, most knowledgeable in, or who can
best answer questions about, communications with plaintiffs concerning what
they wanted and concerns that plaintiffs had throughout the construction up
until today.
13. Please designate and produce the person, most knowledgeable in, or who can
best answer questions about the existence of, and the terms of any
agreements and/or contracts with each of the subcontractors on the project.
14. Please designate and produce the person, most knowledgeable in, or who can
best answer questions about, any and all communications with the City of
Westlake, including, but not limited to, inspections, ensuring compliance
with all City ordinances or regulations, all permits required and obtained,
etc., including specifically the construction of and/or installation of the patio.
15. Please designate and produce the person, most knowledgeable in, or who can
best answer questions about, the retention of written paper documents and/or
the Electronic communications about the subject property that occurred in the
form of texts, emails, and/or written documents from December 1, 2019 to
the present, including any copy of written procedures for said retention.
NOTICE DUCES TECUM PURSUANT TO RULE 30 AND 34
The person(s) designated by Online Communications, Signature Building
Concepts, LLC; and GH Holdings, LLC to testify on behalf of each company,
pursuant to Rule 30 and 34, are requested pursuant to the Ohio Civil Rules, to
produce at the time of the deposition any and all invoices for all materials, work,
labor or services provided to ANY AND ALL OF THE DEFENDANTS AND
NEW PARTY DEFENDANTS for all work related to the construction of the
subject property from December 1, 2019 to the present. These defendants are
also requested to produce the actual cancelled checks for all such invoices paid in
the same time frame.
Electronically Filed 03/07/2022 22:33 / NOTICE / CV 21 944483 / Confirmation Nbr. 2491394 / CLJSZ
Each of the Defendants are requested to produce a complete copy of the
QuickBook (and/or any other computer program) wherein invoices and/or
payments were made by each such company.
/s/ Robert V. Traci
Robert V. Traci, Esq., Pro Se
Inactive (6734)
30033 Shadow Creek Drive
Westlake, OH 44145
rvt@fracilpa.com
/s/ Assunta Rossi
Assunta Rossi, Esq., Personally
and as Trustee
30033 Shadow Creek Drive
Westlake, Ohio 44145
artrial388@gmail.com
CERTIFICATE OF SERVICE
I certify that a true copy of the foregoing Rule 30(b)(5) Notices for
Depositions of New Party Defendants from Plaintiffs was served on all Defendants
by and through their counsel Stephen Hanudel, on March 8, 2022, by delivering
copies of same by electronic mail.
/s/Robert V. Traci
Robert V. Traci
Electronically Filed 03/07/2022 22:33 / NOTICE / CV 21 944483 / Confirmation Nbr. 2491394 / CLJSZ
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NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas NOTICE OF DEPOSITION March 7,2022 22:33 Confirmation Nbr. 2491394 ASSUNTA ROSSI PERSONALTY REVOCABLE CV 21 944483 LIVING ET AL vs. Judge: MAUREEN CLANCY D.J. KEEHANETAL Pages Filed: 5 Electronically Filed 03/07/2022 22:33 / NOTICE / CV 21 944483 / Confirmation Nbr. 2491394 / CLJSZ IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO ASSUNTA ROSSI PERSONALTY : REVOCABLE LIVING TRUST, et al : : CASE NO.: CV 21944483 Plaintiffs : JUDGE MAUREEN CLANCY Vs : D.J.KEEHAN, Individually and as dba Westlake Shadow Creek, LLC, et al : Defendants NOTICE FOR DEPOSITION DUCES TECUM DIRECTED TO NEW PARTY DEFENDANTS: ONLINE COMMUNICATIONS, SIGNATURE BUILDING CONCEPTS, AND GH HOLDINGS PURSUANT TO RULE 30 (B)(5) OF THE OHIO RULES OF CIVIL PROCEDURE AND DUCES TECUM PURSUANT TO RULE 34. Counsel for Defendants and New Party Defendants shall take notice that the Plaintiffs will take the following depositions, pursuant to Rule 30(B)(5) of the Ohio Rules of Civil Procedure on Friday April 8, 2022 at the offices of Cady Reporting, located at 1468 West 9th Street. #440, Cleveland, Ohio 44113. Said depositions will be taken both by stenographic and video means before a Notary Public duly authorized by law to administer oaths, and continuing day to day until completed, at which time and place you are invited to appear and take such part as shall be fitting and proper. The Corporations to be deposed are as follows: 1. Online Communications, LLC at 9:30 am; 2. Signature Building Concepts, LLC at 11:00 am; and 3. GH Holdings, LLC at 12:30 pm. Electronically Filed 03/07/2022 22:33 / NOTICE / CV 21 944483 / Confirmation Nbr. 2491394 / CLJSZ Rule 30(B)(5) permits said depositions as follows: (5) A party, in the party’s notice, may name as the deponent a public or private corporation, a partnership, or an association and designate with reasonable particularity the matters on which examination is requested. The organization so named shall choose one or more of its proper employees, officers, agents, or other persons duly authorized to testify on its behalf. The persons so designated shall testify as to matters known or available to the organization. Pursuant to the Rule, the above-listed corporate New Party Defendants shall designate one or more of its employees or designees duly authorized to testify on its behalf to respond to the following areas of inquiry The persons so designated shall be the most knowledgeable within the Corporation who can testify as to matters known or available to the organization. The areas of inquiry as to each corporate deponent all involve or relate directly and/or indirectly to Unit 35 and/or 30033 Shadow Creek Drive, Westlake, Ohio. 1. Please designate and produce the person, most knowledgeable in, or who can best answer questions about information available to the company concerning its incorporation, ownership, and financial records to include all paper and electronic records, including Articles of Organization/Incorporation, from its inception to the present, and all persons who have possession of, and/or access to, those records. This would include copies of all bank statements for accounts used either directly or indirectly for construction of Unit 35, to include any bank accounts that show any payments on behalf of WSC for work performed, services provided, and/or materials purchased for the completion of Unit 35. 2. Please designate and produce the person, most knowledgeable in, or who can best answer questions about information available to the company concerning the legal and/or organizational connection between itself and Westlake Shadow Creek, LLC and D.J. Keehan. 3. Please designate and produce the person, most knowledgeable in, or who can best answer questions about, information available to the company and contained in the invoices and/or cancelled checks of each company to include Quickbook entries relative to the construction of the subject property. Electronically Filed 03/07/2022 22:33 / NOTICE / CV 21 944483 / Confirmation Nbr. 2491394 / CLJSZ 4. Please designate and produce the person, most knowledgeable in, or who can best answer questions about information available to the company concerning details of construction loans obtained, utilized, and/or denied, for the project made subject of the complaint and payments made to said lenders at any time, including the construction loan obtained from RLR investments, and all repayments concerning said loan. 5. Please designate and produce the person, most knowledgeable in, or who can best answer questions about information available to the company concerning details of construction loans obtained, utilized, and/or denied, for the project made subject of the complaint and payments made to said lenders at any time. 6. Please designate and produce the person, most knowledgeable in, or who can best answer questions about information available to the company concerning any and all draws on the RLR loan and any re-payments made thereon. This would include dates of the loan, term of the loan, dates of every draw on said loan, and each re-payment on said loan. 7. Please designate and produce the person, most knowledgeable in, or who can best answer questions about information available to the company who can discuss the ownership interest and control of each respective Corporation listed as a New Party Defendant herein, including, but not limited to, its day to day operations, including, but not limited to, tax records, compliance, and payments made to all subcontractors or laborers, and the accounts from which said payments were made. 8. Please designate and produce the person, most knowledgeable in, or who can best answer questions about, hiring of, and contact with, any and all laborers and sub-contractors utilized and/or consulted in the construction of Unit 35 that is now 30033 Shadow Creek Drive. 9. Please designate and produce the person most knowledgeable concerning the tax forms and/or status of laborers, employees, subcontractors, and/or independent contractors as it specifically relates to whether each received a W-2 or a 1099 for IRS purposes. 10. Please designate and produce the person, most knowledgeable in, or who can best answer questions about the entity to whom laborers and subcontractors would submit their invoices or bills, the entity who paid all of said bills or Electronically Filed 03/07/2022 22:33 / NOTICE / CV 21 944483 / Confirmation Nbr. 2491394 / CLJSZ invoices, the financial accounts from which all of these transactions were undertaken, bank and tax records of WSC 11. Please designate and produce the person, most knowledgeable in, or who can best answer questions about the purchase of all materials utilized in the construction of Unit 35. 12. Please designate and produce the person, most knowledgeable in, or who can best answer questions about, communications with plaintiffs concerning what they wanted and concerns that plaintiffs had throughout the construction up until today. 13. Please designate and produce the person, most knowledgeable in, or who can best answer questions about the existence of, and the terms of any agreements and/or contracts with each of the subcontractors on the project. 14. Please designate and produce the person, most knowledgeable in, or who can best answer questions about, any and all communications with the City of Westlake, including, but not limited to, inspections, ensuring compliance with all City ordinances or regulations, all permits required and obtained, etc., including specifically the construction of and/or installation of the patio. 15. Please designate and produce the person, most knowledgeable in, or who can best answer questions about, the retention of written paper documents and/or the Electronic communications about the subject property that occurred in the form of texts, emails, and/or written documents from December 1, 2019 to the present, including any copy of written procedures for said retention. NOTICE DUCES TECUM PURSUANT TO RULE 30 AND 34 The person(s) designated by Online Communications, Signature Building Concepts, LLC; and GH Holdings, LLC to testify on behalf of each company, pursuant to Rule 30 and 34, are requested pursuant to the Ohio Civil Rules, to produce at the time of the deposition any and all invoices for all materials, work, labor or services provided to ANY AND ALL OF THE DEFENDANTS AND NEW PARTY DEFENDANTS for all work related to the construction of the subject property from December 1, 2019 to the present. These defendants are also requested to produce the actual cancelled checks for all such invoices paid in the same time frame. Electronically Filed 03/07/2022 22:33 / NOTICE / CV 21 944483 / Confirmation Nbr. 2491394 / CLJSZ Each of the Defendants are requested to produce a complete copy of the QuickBook (and/or any other computer program) wherein invoices and/or payments were made by each such company. /s/ Robert V. Traci Robert V. Traci, Esq., Pro Se Inactive (6734) 30033 Shadow Creek Drive Westlake, OH 44145 rvt@fracilpa.com /s/ Assunta Rossi Assunta Rossi, Esq., Personally and as Trustee 30033 Shadow Creek Drive Westlake, Ohio 44145 artrial388@gmail.com CERTIFICATE OF SERVICE I certify that a true copy of the foregoing Rule 30(b)(5) Notices for Depositions of New Party Defendants from Plaintiffs was served on all Defendants by and through their counsel Stephen Hanudel, on March 8, 2022, by delivering copies of same by electronic mail. /s/Robert V. Traci Robert V. Traci Electronically Filed 03/07/2022 22:33 / NOTICE / CV 21 944483 / Confirmation Nbr. 2491394 / CLJSZ